JNU student Sharjeel Imam was granted bail by the Delhi High Court on Wednesday in relation to a case concerning the communal riots of 2020, which involved accusations of sedition and illegal activity. This verdict was made by the bench, which consists of Justices Manoj Jain and Suresh Kumar Kait. During the Delhi riots, Imam was detained on suspicion of making provocative remarks at Aligarh Muslim University and Jamia Millia Islamia in Delhi. Imam will stay in detention notwithstanding the bail because he is being charged as part of a broader conspiracy pertaining to the 2020 riots.
Imam challenged the trial court’s earlier decision to refuse him bail, pointing out that he had been detained for more than four years, more than half the maximum sentence allowed by Section 13 of the Unlawful Activities (Prevention) Act (UAPA), which carries a maximum penalty of seven years, for his alleged offenses. Following hearing arguments from Imam’s defense team and the prosecution, the High Court bench made the decision to allow the appeal.
The prosecution said that during talks at Aligarh Muslim University on December 16, 2019, and Jamia Millia Islamia on December 13, 2019, Imam made threats to split Assam and the Northeast region off from the rest of India. Section 13 of the UAPA was later included in the case against Imam, who was first accused of sedition. Imam was taken into custody on January 28, 2020.
According to Imam’s defense, a person may be released under Section 436-A of the CrPC if they have completed more than half of the maximum term applicable to their accused offense. On February 17, the trial court had earlier denied bail, citing “exceptional circumstances” that warranted a longer period of incarceration. In addition to this case, Imam is still being held in custody by the courts because he is connected to multiple other matters pertaining to the communal riots of 2020, including the more extensive conspiracy case.
